Asked in Patents (Intellectual Property)

Q: how can I extend a patent from Brazil to US??

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
  • Patents Lawyer
  • Chapel Hill, NC

A: The way to expand your rights beyond the original country of filing is to file a US application within 12 months of filing of the first application. Under the Paris Convention, you can file in the US and the priority date of the later filed US application will be the same as the earlier filed Brazilian application.

Another option is to file an application in the Patent Cooperation Treaty system (PCT). Again this must be done within 12 months of filing your first application. If you file a PCT application, that will delay the need to file in the US and more than 150 other countries until 30 months after the initial application was filed in Brazil.

Generally, if you are only going to file in one or two countries beyond the original country, then people will normally file at 12 months via the Paris Convention. If there is a chance that you will want to eventually enter many countries and will want to defer that expenditure, then the PCT application is the route to go.

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